Blog Post

High School Mock Trial UPDATE

Posted on May 23, 2017 in Blog Post

As you may recall if you read my earlier blog on the subject, I served as a scoring juror for the North Carolina Mock Trial Regional Competition final round held in Salisbury back in February. I was quite impressed with both teams that participated in the finale, and especially impressed with the winning team, the Central Carolina Homeschoolers team. In every aspect they were sharp and well prepared, and were confident in their execution and performance. They were also fine examples of our youth, as they exhibited great sportsmanship and character (as in fact did all of the teams, many of...

Read More

A Wealth of Information—The Analysis of Mr. Client

Posted on May 9, 2017 in Blog Post

So that blankety-blank Owner, General Contractor or Upper-tier Sub thinks he can get by without paying me does he?  I recall that my lawyer and our subcontractor association seminars have explained that I must file a lien within 120 days after I last furnished services or materials for the project—but what if it is 5:00 on day 119 after I last furnished for the project? The first thing a lien lawyer wants to know is who are the contracting parties?  Mr. Client gives the name of his owner, an “ABC Construction Co.”, who everyone in town calls for new construction or improvements for ol’...

Read More

Summer Fun; No School, No Homework and a Move?

Posted on May 1, 2017 in Blog Post

As we approach the end of the school year and the beginning of summer, it is the time when families typically relocate, if relocation is in their future. When contemplating a move, whether to the next county or across the country, parents have plenty to think about. Questions parents ask themselves include, “How do the schools rank? How close (or how far) will my new home be from family? Will my children be able to participate in the same activities?”   Will this move be worth uprooting the lives of their children?  Depending on the age of their children, parents may even be concerned about...

Read More

Probate vs. Non-Probate

Posted on Apr 20, 2017 in Blog Post

We will often get telephone calls from individuals who have been told either through a recent television program or a speaker at a seminar that it is best to avoid “probate” at all costs and recommend the establishment of a trust to avoid probate.  It may be helpful to understand what “probate” actually is. While people use the term “probate” to describe the whole process of administering an estate through the court system, the term “probate” actually refers to the procedure that is followed to file a decedent’s Will with the Clerk of Court.  Once the Will has been “admitted to probate”, it...

Read More

Lacking the Capacity to Proceed to Trial Because of a Mental Illness

Posted on Apr 10, 2017 in Blog Post

Mental illness is something I deal with as a criminal defense attorney almost every day. Many of my clients are dealing with some form of mental illness. People with mental illnesses are coming into contact with the criminal justice system throughout the country. The first area we look at if a defendant has significant mental illness is capacity to proceed to trial. Under North Carolina law, a defendant lacks the capacity to proceed to trial if by reason of a mental illness or defect he or she is unable to understand the nature and object of the proceedings, comprehend his or her situation...

Read More

Reflections on the Practice

Posted on Apr 6, 2017 in Blog Post

In keeping with the expected amenities of professional conduct, the care and handling of our clients’ cases is the sharpest of two-edge swords. We depend upon our clients for our livelihood and for the ability to continue our practice. Conversely, our clients depend upon us for service and direction in the legal matters which have been entrusted to us. Our reputation rises or falls upon the clients’ satisfaction with the results achieved.   We should renew our pledge to treat each client matter as our most important case. Oftentimes, for the client, it truly...

Read More